
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC606]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
    CHAPTER 12--CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC 
                                BUILDINGS
 
Sec. 606. Approval of proposed projects by Congress


(a) Limitation of funds; transmission to Congress of prospectus of 
        proposed project

    In order to insure the equitable distribution of public buildings 
throughout the United States with due regard for the comparative urgency 
of need for such buildings, except as provided in section 603 of this 
title, no appropriation shall be made to construct, alter, purchase, or 
to acquire any building to be used as a public building which involves a 
total expenditure in excess of $1,500,000 if such construction, 
alteration, purchase, or acquisition has not been approved by 
resolutions adopted by the Committee on Environment and Public Works of 
the Senate and the Committee on Public Works and Transportation of the 
House of Representatives. No appropriations shall be made to lease any 
space at an average annual rental in excess of $1,500,000 for use for 
public purposes if such lease has not been approved by resolutions 
adopted by the Committee on Environment and Public Works of the Senate 
and the Committee on Public Works and Transportation of the House of 
Representatives. No appropriation shall be made to alter any building, 
or part thereof, which is under lease by the United States for use for a 
public purpose if the cost of such alteration would exceed $750,000 
unless such alteration has been approved by resolutions adopted by the 
Committee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives. For the purpose of securing consideration for such 
approval, the Administrator shall transmit to the Congress a prospectus 
of the proposed facility, including (but not limited to)--
        (1) a brief description of the building to be constructed, 
    altered, purchased, acquired, or the space to be leased under this 
    chapter;
        (2) the location of the building or space to be leased and an 
    estimate of the maximum cost to the United States of the facility to 
    be constructed, altered, purchased, acquired, or the space to be 
    leased;
        (3) a comprehensive plan for providing space for all Government 
    officers and employees in the locality of the proposed facility or 
    the space to be leased, having due regard for suitable space which 
    may continue to be available in existing Government-owned or 
    occupied buildings, especially such of those buildings as enhance 
    the architectural, historical, social, cultural, and economic 
    environment of the locality;
        (4) with respect to any project for the construction, 
    alteration, purchase, or acquisition of any building, a statement by 
    the Administrator that suitable space owned by the Government is not 
    available and that suitable rental space is not available at a price 
    commensurate with that to be afforded through the proposed action;
        (5) a statement by the Administrator of the economic and other 
    justifications for not acquiring or purchasing a building or 
    buildings identified to the Administrator pursuant to section 611(c) 
    of this title as suitable for the public building needs of the 
    Federal Government; and
        (6) a statement of rents and other housing costs currently being 
    paid by the Government for Federal agencies to be housed in the 
    building to be constructed, altered, purchased, acquired, or the 
    space to be leased.

(b) Increase of estimated maximum cost

    The estimated maximum cost of any project approved under this 
section as set forth in any prospectus may be increased by an amount 
equal to the percentage increase, if any, as determined by the 
Administrator, in construction, or alteration costs, as the case may be, 
from the date of transmittal of such prospectus to Congress, but in no 
event shall the increase authorized by this subsection exceed 10 per 
centum of such estimated maximum cost.

(c) Rescission of approval for failure to make appropriations for 
        project

    In the case of any project approved for construction, alteration, or 
acquisition by the Committee on Environment and Public Works of the 
Senate and the Committee on Public Works and Transportation of the House 
of Representatives, in accordance with subsection (a) of this section, 
for which an appropriation has not been made within one year after the 
date of such approval, either of those Committees may rescind, by 
resolution, its approval of such project at any time thereafter before 
such an appropriation has been made.

(d) Emergency leases by the Administrator

    Nothing in this section shall be construed to prevent the 
Administrator from entering into emergency leases during any period 
declared by the President to require such emergency leasing authority, 
except that no such emergency lease shall be for a period of more than 
180 days without approval of a prospectus for such lease in accordance 
with subsection (a) of this section.

(e) Limitation on leasing certain space

                          (1) General rule

        The Administrator may not lease any space to accommodate--
            (A) computer and telecommunications operations;
            (B) secure or sensitive activities related to the national 
        defense or security, except in any case in which it would be 
        inappropriate to locate such activities in a public building or 
        other facility identified with the United States Government; or
            (C) a permanent courtroom, judicial chamber, or 
        administrative office for any United States court;

    if the average rental cost of leasing such space would exceed 
    $1,500,000.

                            (2) Exception

        The Administrator may lease any space with respect to which 
    paragraph (1) applies if the Administrator first determines, for 
    reasons set forth in writing, that leasing such space is necessary 
    to meet requirements which cannot be met in public buildings and 
    submits such reasons to the Committee on Environment and Public 
    Works of the Senate and the Committee on Public Works and 
    Transportation of the House of Representatives.

(f) Dollar amount adjustment

    Any dollar amount referred to in this section and section 603(b) of 
this title may be adjusted by the Administrator annually to reflect a 
percentage increase or decrease in construction costs during the 
preceding calendar year, as determined by the composite index of 
construction costs of the Department of Commerce. Any such adjustment 
shall be expeditiously reported to the Committee on Environment and 
Public Works of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives.

(Pub. L. 86-249, Sec. 7, Sept. 9, 1959, 73 Stat. 480; Pub. L. 92-313, 
Sec. 2(4), June 16, 1972, 86 Stat. 217; Pub. L. 94-541, title I, 
Sec. 103(1), (2), Oct. 18, 1976, 90 Stat. 2505; Pub. L. 100-678, 
Secs. 2-4, Nov. 17, 1988, 102 Stat. 4049, 4050; Pub. L. 103-437, 
Sec. 14(b)(1), Nov. 2, 1994, 108 Stat. 4590.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-437, Sec. 14(b)(1)(A), in 
introductory provisions, substituted ``Committee on Environment and 
Public Works of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives'' for ``Committee on 
Public Works of the Senate and House of Representatives, respectively'' 
in two places.
    Subsec. (c). Pub. L. 103-437, Sec. 14(b)(1)(B), substituted 
``Committee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives'' for `` Committees on Public Works of the Senate and of 
the House of Representatives, respectively,'' and ``of those 
Committees'' for ``the Committee on Public Works of the Senate or the 
Committee on Public Works of the House of Representatives,''.
    1988--Subsec. (a). Pub. L. 100-678, Secs. 2, 3(a), substituted 
``$1,500,000'' for ``$500,000'' in two places and inserted after second 
sentence ``No appropriation shall be made to alter any building, or part 
thereof, which is under lease by the United States for use for a public 
purpose if the cost of such alteration would exceed $750,000 unless such 
alteration has been approved by resolutions adopted by the Committee on 
Environment and Public Works of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives.''
    Subsec. (e). Pub. L. 100-678, Sec. 3(b), added subsec. (e).
    Subsec. (f). Pub. L. 100-678, Sec. 4, added subsec. (f).
    1976--Subsec. (a)(3). Pub. L. 94-541, Sec. 103(1), required the 
comprehensive plan to have due regard for suitable space available in 
existing Government-owned or occupied buildings ``especially such of 
those buildings as enhance the architectural, historical, social, 
cultural, and economic environment of the locality''.
    Subsec. (a)(5), (6). Pub. L. 94-541, Sec. 103(2), added cl. (5) and 
redesignated former cl. (5) as (6).
    1972--Subsec. (a). Pub. L. 92-313 inserted provisions relating to 
purchase of any building to be used as a public building and lease of 
any space for use for public purposes, increased from $100,000 for 
construction and acquisition and from $200,000 for alteration to 
$500,000 as the maximum appropriation authorized to be made for the 
construction, alteration, purchase, and acquisition of any building 
without specified approval pursuant to resolutions adopted by the 
Committees on Public Works of the Senate and House of Representatives, 
and expanded required contents of prospectus transmitted by the 
Administrator to the Congress.
    Subsecs. (b), (c). Pub. L. 92-313 reenacted provisions without 
change.
    Subsec. (d). Pub. L. 92-313 substituted provisions authorizing the 
Administrator to enter into emergency leases in accordance with the 
specified conditions for provisions setting forth restrictions on the 
approval of new projects.

                         Change of Name

    Committee on Public Works and Transportation of House of 
Representatives treated as referring to Committee on Transportation and 
Infrastructure of House of Representatives by section 1(a) of Pub. L. 
104-14, set out as a note preceding section 21 of Title 2, The Congress.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-313 effective June 16, 1972, see section 11 
of Pub. L. 92-313, set out as a note under section 603 of this title.


Issuance of Regulations Pursuant to Public Buildings Amendments of 1972; 
           Approval of Rates for Space and Services Furnished

    Administrator to issue and coordinate regulations with office of 
Management and Budget and Director of such Office to approve rates for 
space and services furnished, see section 7 of Pub. L. 92-313, set out 
as a note under section 603 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 602a, 603, 605, 610, 611 of 
this title; title 31 section 781; title 42 section 8287c.
